Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1887-02-01
llailg gress and d1akutaiaal

Office PRESS AND DAKoTAKAN block corner of
Third and Capital streets.
Telephone number5.
BOWEN u KINGsBURY. Prop'trs.
1t has become we'll established con-
clusion among close students of the
statehood problem that the legislature
OF our territory Is possessed OF the power
to habilltate the state. The Legislature
operates under grant of power from
congress, which legalzes its acts in adj
vance and gives them vitality from the
moment of their creation. Laws enacted
by the Legislature of Dakota are binding
upon all persons, officers as well as
citizens, from the president OF the
United States down to the constable of q
civil township. They are in full force
until repealed by the power which
creates them. annulied by act OF con-
gress or set aside by the courts.
TIE Legislature of Dakota therefore
possesses the power to create the state,
through the agency of the people. It
can empower the representatives Of the
people to meet in constitutional con-
vention and adopt constitution, SUBJ
ject to ratification by the vote of the
people. Il can pass laws directing GER
tain officers of the territory (ail officers
not appointed by the president) to turn
over their offices, and the public funds,
to the officers of the state upon speci-
fed day when the officers of the state
shall be ready to exercise the functions
of their respective positions. 1t can
direct county treasurers to remit ell col.
lections to the state treasurer and can
authorize the transfer of judicial pro-
ceedlnRs to the jurisdiction of the state.
The transfer OF official authority and Of
public funds from the territorial officers
to the duly elected and qualified officers
of the state is all there is in change
from territorial condition to con-
ditlon of statehood. This transfer the
Legislature OF Dakota has ::.ss s;ndoaSsed
power to order and direct and provide
for by law. And such action on the part
OF the territorial legislature would stand
las law until repealed, annnled or set
aside by the courts. While it stands the
state could be created and after the
state is created there is no authority,
excepting that of unlawful force, to set
aside the state 30 created.
Ii the legislature of the territory of
Dakota will rise to the level of the emer-
gency now before the people OF this
territory and exercise its undoubted
power in the premises, it can, through
the process of constitutional law, place
in operation one or two state govern
ments upon the soil OF Dakota, and in
thus habiIitating state governments and
disoontinuinR territorial government it
can avoid all clash or conflict of iurisdic.
ton and any inconvenience or embarass.
ment to the public. ALI that is required
to accomplish this is to pass an act dis
continuing the territorial Offices of treas
nrer, auditor, superintendent of instruo-
tions, assistant superintendent OF
instruction, attorney general, adjutant
general, commissioner of immigration
and the various lesser places and direct
ing their incumbents to turn over public
property to their successors under the
state organization. receiving receipts
therefor, which receipts may constitute
release of the bondsmen of the terri
torial officers.
In contemplating O proposition in
behalf of action of such decisive nature
the legislature and the people should
not forget that the law which governs in
SO important q matter as the transfer ol
the power of self government to half 6
! million people is fundamental, not statu,
tory, and that there is no law, either
fundamental or statutory, to cas-. the
| slightest impediment in the way of such
a proceeding. Congress never has, neYe,
| will and never can create ap enactment
prohibiting FIVE hundred thousane
American citizens, Inhablting one hun
dred and fifty Thousand square miles o
area, from taking upon themselves th.
powers and privileges of self government
under the constitution and laws of th,
United States.
| After the law making tribunal OF th,
territory of Dakota, which is the terri
torial legislature, has, in accordance
with the foregoing suggestions. given te
the people an, opportunity to exercis,
the power of self government, under
and by authority Of the higher law o
the land, and the people have fully sx-
ercisei this privilege and are sustained
by the popular voice in the possession
Of their state government, such stat
government. cannot be everthrown b.
any exercise of power which the Ameri
can people at large would sanction.
| States thus created would be nothini
less than states within the union. Their
is NO other place for them. 1t has bee
decided by the supreme court, and is
we'll established principle, that thi
territory is now and always will be q
integral part Of the union. States creat
ed out OF the territorial domain coul
therefore be nothing less than state
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